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First Circuit

2012 | 2011 - 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 - 2003 | 2002 - 1996

  • CA1 Finds No Jurisdiction to Review ABC Class Membership Determination(37 KB - 6/13/2013)
    The court held that it did not have jurisdiction to review whether the petitioner registered for ABC benefits by the 12/31/1991 deadline, and denied his asylum claim, which was based his involvement in a student activist group from 1987 to 1988. (Letran v. Holder, 6/7/13)
    AILA Doc. No. 13061306.
  • CA1 Finds BIA Erred in Pakistani Withholding Case(480 KB - 6/4/2013)
    The court held that the BIA’s decision on withholding of removal was contrary to the evidence, finding that the mistreatment suffered by the Pakistani petitioner rose to the level of persecution and was not merely part of a private dispute. (Javed v. Holder, 5/24/13)
    AILA Doc. No. 13060443.
  • CA1 Upholds Adverse Credibility Determination in Asylum Case(476 KB - 4/26/2013)
    The court upheld the IJ’s finding that Liu lacked credibility, noting that the petitioner made several amendments to his asylum application only after a change in law that would have affected his claim. (Liu v. Holder, 4/22/13) AILA Doc. No. 13042665.
    AILA Doc. No. 13042665.
  • CA1 on the Good Faith Marriage Requirement(513 KB - 3/28/2013)
    The court upheld the IJ’s determination that the petitioner, who sought to remove the conditions of her residency after her and her husband divorced, did not carry her burden of establishing that she had married her husband in good faith. (Reynoso v. Holder, 3/26/13) AILA Doc. No. 13032857.
    AILA Doc. No. 13032857.
  • CA1 Upholds Denial of Asylum for Ecuadorian Indigenous Activist(462 KB - 2/19/2013)
    The court denied asylum, finding that the harassment faced by the Ecuadorian petitioner due to her activities on behalf of the indigenous community did not amount to persecution and that the agency did not err in its factfinding. (Guaman-Loja., Holder, 2/7/13) AILA Doc. No. 13021947.
    AILA Doc. No. 13021947.
  • CA1 Holds BIA Erred in Finding Petitioner Removable for Alleged CIMT(921 KB - 2/12/2013)
    The court found that, under the modified categorical approach, it was unclear whether the petitioner’s CT conviction for larceny involved intent to permanently or temporarily deprive the owner of property and held that he is not removable. (Patel v. Holder, 2/1/13) AILA Doc. No. 13021240.
    AILA Doc. No. 13021240.
  • CA1 Remands Pakistani Petitioner’s Asylum Case(486 KB - 1/23/2013)
    The court found that the BIA and IJ did not properly consider the evidence supporting the petitioner’s claim that he could face future persecution in Pakistan by the Taliban because he is an ANP activist and a special police officer. (Khattak v. Holder, 1/17/13) AILA Doc. No. 13012354.
    AILA Doc. No. 13012354.
  • CA1 Finds Witnesses to Serious Crime Not a “Socially Visible” Group(260 KB - 1/27/2012)
    The court found that the petitioner’s social group of witnesses to a serious crime whom the government is unable or unwilling to protect is not sufficiently “socially visible” to establish a particular social group. (de Carvalho-Frois v. Holder, 1/26/12) AILA Doc. No. 12012763.
    AILA Doc. No. 12012763.
  • CA1 Denies Motion to Reopen Based on Ineffective Assistance of Counsel(459 KB - 1/11/2013)
    The court upheld the conclusion that the motion to reopen was untimely, and that equitable tolling could not apply because the petitioner did not exercise due diligence in pursuing his case. (Bead v. Holder, 1/7/13) AILA Doc. No. 13011150.
    AILA Doc. No. 13011150.
  • CA1 Denies Motion to Reconsider Based on Additional Ground for Relief(455 KB - 1/11/2013)
    The court denied the petitioner’s motion to reconsider - which was based on a ground for relief not previously asserted, but previously available – because it did not identify any error of fact or law in the original decision. (Martinez-Lopez v. Holder, 1/4/13) AILA Doc. No. 13011148.
    AILA Doc. No. 13011148.
  • CA1 Finds Labor Certification Not Timely Filed for 245(i) Purposes(507 KB - 1/3/2013)
    The court found that although the application was submitted on 4/16/01, communications with the SWA and the date-stamp of 7/5/01 were sufficient to support the BIA’s conclusion that the application was not timely filed for 245(i) purposes. (Wu v. Holder, 1/2/13) AILA Doc. No. 13010345.
    AILA Doc. No. 13010345.